As community association attorneys, we are experienced in negotiating contracts with broadband service providers for our clients.  These contracts allow the provider to enter a condominium’s common areas to install wiring and provide service to the individual units, as well as to undertake other activities related to these services.  As a content creator, I value my intellectual property rights.  As a computer geek who went to college in the time of Napster, I understand the inevitability of file sharing.  I recently read this article discussing copyright protection activity by broadband service providers and thought, "Wow, I’m going to have a lot of work to do in a few years."

The article discusses the voluntary actions being taken by many large broadband service providers to discourage inappropriate file sharing and other copyright violations.  It noted that many condominiums share internet service by a single central connection.  This could mean that one flagrant violator with a habit of frequenting shady torrent sites could cause the internet for an entire condominium to be throttled back or even terminated.Continue Reading Be Careful What Your Neighbors Surf For…

It’s hard to believe that Thanksgiving is already behind us and 2013 is approaching quickly.  While folks are busy preparing for the holidays, it’s important for managers and boards of directors of HOAs in Colorado to also prepare now to comply with the new HOA records Law ("HB 1237") which goes into effect on January 1st.   Continue Reading January 1st is Fast Approaching – Is Your HOA Ready To Comply With the New HOA Records Law?

As we head into the Thanksgiving holiday weekend, all of us here at Winzenburg, Leff, Purvis & Payne want to express our THANKS TO:

  • our CLIENTS for allowing us to assist with legal matters and help strengthen their communities through good governance practices, sound decision-making, and recuperation of delinquent assessments
  • the COMMUNITY MANAGERS who lend

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Last week Gina Botti blogged about the importance of properly recording an association assessment lien. Although CCIOA states that a lien is ‘perfected’ or in place upon the recording of the association’s Declaration, it is still important to prepare and record a Notice of Lien to ensure that the lien is not overlooked upon the sale of a unit. 

It is also particularly useful to have a recorded assessment lien against a property that is in public trustee foreclosure. Although most people are aware of the statutory six month super priority lien that arises once a property is foreclosed, few are aware that a foreclosure may present an opportunity to fully recover the assessments and fees that it is owed. Once a property is sold at foreclosure sale, an association typically has eight business days following the sale to also exercise its redemption rights. What are these redemption rights? Simply put, they allow the association because of its lien to take title to the foreclosed property (away from the successful bidder at the sale) for the amount of the sales price at the foreclosure auction plus interest and other expenses.

 

Continue Reading ‘Redemption’ from Uncollected Debt

A lien is a security interest, or encumbrance, over some type of property to secure the payment of a debt or some other obligation. Liens also have different priorities over one another and only when a lien is “perfected” will it be legally entitled to priority over subsequent liens. A creditor must normally “perfect” its lien by taking steps required by law to give other parties notice of the lien. As Lindsay Smith points out in her blog, Colorado requires that any party claiming an interest in real property record evidence of that interest in the real property records of the county in which the property is located. Continue Reading Liens – Protect your association’s interests!

If you are like me, election day couldn’t come soon enough.  While I’m truly a political junkie, the negative campaigning became so overwhelming that even I muted the TV during commercials and we quit answering the incessant political calls.  While the negative campaigns were distasteful and the truth became something that was optional, the real truth is that in the United States of America every vote counts and casting your ballot is your opportunity to make your voice heard.Continue Reading Make Sure to Vote – At Your HOA Annual Meeting!

As you know, from time to time, HOAs end up in the news for perceived abuses to residents of an association or to question actions taken by the board or management.  While the allegations in the news coverage may or may not be true, it’s rare to see a flattering story about an HOA.  As a result, it’s important to have a plan in place to address difficult issues that may arise in your association and the subsequent media coverage.      

Chuck Montera, a public relations and issues management professional with Sigler Communications, works routinely on HOA issues and was kind enough to provide us with the following article on crisis management to share with our readers.  Instead of relying on an attorney to provide advice on public relations issues – we thought it would be helpful for you to get advice straight from a public relations expert.  Continue Reading How to avoid becoming a headline – or successfully dealing with it if you do

Every Board member knows there are some people who are simply grumps.  They enjoy creating a negative environment.  While Board members are only human, it’s important to remember to treat grumps the same as any other member of the association.  If a Board treats a grump differently, that Board could end up with a case of selective enforcement.

Selective enforcement occurs when a Board enforces a covenant against some, but not all members.  This may happen when the Board intentionally takes an action due to a personal issue, as with a grump, or it may happen when a Board takes actions a prior Board neglected to take.  Every situation is different, and what may seem like unequal treatment is not necessarily selective enforcement.Continue Reading Be Nice to Grumps!

Governing and overseeing the operations of an HOA is a significant responsibility for board members which can sometimes seem a bit overwhelming.  In addition, some board members have never served on the board of a nonprofit corporation or have little experience overseeing the business aspects of an association.  As a result, attending educational sessions can be an extremely helpful resource for directors. 

The Rocky Mountain and Southern Colorado Chapters of Community Associations Institute, management companies and law firms like WLPP routinely provide education for boards.  While for the most part these educational sessions are provided free of charge, sometimes there is a small fee for attendance.  The Colorado Common Interest Ownership Act ("CCIOA") addresses the ability of associations to reimburse board members for educational expenses. Continue Reading CCIOA 101 for HOA Boards: Reimbursement for Board Member Education

With annual meeting season upon us, it’s a great time for the boards of HOAs to provide owner education as required by the Colorado Common Ownership Act.  CCIOA, at C.R.S. 38-33.3-209.7, requires associations to provide free education at least yearly to owners on ". . . the general operations of the association and the rights and responsibilities of owners, the association and its executive board under Colorado law."  This provision of the statute permits the boards of HOAs to determine how to comply with the requirements for owner education.  In addition, owner education is not required for time-share communities. Continue Reading CCIOA 101 for HOA Boards: Annual Owner Education